"NJWEEDMAN" CHALLENGING STATE LAW INVOLVING INCARCERATION AND DNA

Marijuana activist Ed "njweedman" Forchion of Pemberton Township is challenging a recently enacted state law that requires all state prisoners and parolees to submit DNA samples.

Forchion, who is serving a parole term for a marijuana-distribution
conviction, has filed an injunction in federal court in Camden that would exempt him from complying with the state's new DNA sample law.

Forchion argues the new law is simply an "ex post facto," or after-the-fact, form of punishment that is also an illegal invasion of his privacy.

The new law Forchion is challenging was signed by Gov. James E. McGreevey on Sept. 22. The law is seeking to boost the state's database of DNA evidence by expanding the crimes for which DNA samples are collected.

Before the law was enacted, only offenders who committed violent crimes or serious sex offenses were required to submit DNA samples. Now, anyone convicted of burglary, weapons offenses, theft of items above $250 and other fourth-degree offenses must submit DNA samples. The law also applies to all offenders currently in state prison or those being supervised by the state through parole or probation programs.

The governor and state legislators touted the law as a way to enhance criminal investigations with a bigger database of DNA evidence. The new law also tacked $2 onto every traffic fine collected in the state to pay for upgrades to DNA-testing laboratories and to hire at least 40 new scientists.

Forchion, however, said the law should not apply to people who have
previously been convicted of a crime because the U.S. Constitution protects additional protects additional punishments from being added to the original penalties after the fact.



Pubdate: Sun, 5 Oct 2003
Source: Burlington County Times (NJ)
Copyright: 2003 Calkins Newspapers. Inc.